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Can you challenge the motion to lift the automatic stay? Understanding legal Standing and Real Party in Interest in California bankruptcy Chapter 7
FORECLOSURE CASE INVOLVING MERS / INDYMAC – LEGAL BRIEFING OF CASE BY CALIFORNIA AND ARIZONA FORECLOSURE LAWYER STEVE VONDRAN.
MERS AND OTHER “PRETENDER LENDERS” CAN THEY BE CHALLENGED IN A BANKRUPTCY COURT?
IN THIS DAY AND AGE OF “MERS LOANS” (WHERE THE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS – A MERE SOFTWARE COMPANY – POSES AS A BENEFICIARY OF A LOAN), CAN WE TRULY ACKNOWLEDGE ANY ALLEGED BENEFICIARY OF A LOAN AS BEING A “CREDITOR” IN A BANKRUPTCY SETTING?
Attorney Steve Vondran can be reached at steve@vondranlaw.com or (877) 276-5084. Mr. Vondran is licensed to practice law in California and Arizona and is currently assisting homeowners in foreclosure defense, predatory lending, bankruptcy, and loan modification (Arizona only). The following is general legal information only, and not legal advice.
BANKRUPTCY BASIC: 341 CREDITOR’S HEARING OVERVIEW OF BK PROCESS
Attending a 341 Creditor’s Meeting – What is it? What to Expect
Whether it is Chapter 7 or Chapter 13, everybody must go to a 341 meeting. Section 341 of the Bankruptcy requires a meeting with creditors. It is a very brief appearance. Your bankruptcy attorney will be there, you will be there (the debtor) and the Trustee will also be there.
Before rushing into BK you might want to purse a short sale and HAFA
We are getting more and more calls from people who have decided to give up on the hopes of principal loan balance reduction (we have always told people principal loan balance reductions are like a bigfoot sighting) and instead seek to short sell their property letting the bank deal with the property, especially where the stubborn bank (that got their bailout) refuses to help the homeowner save their home by providing a reasonable and meaningful loan modification.
Now, in the context of shot sales, there are a few things to consider:
Can you challenge you alleged “lender” in a bankruptcy court?
prove you are a creditor
There are a good number of cases (i.e. legal precedent) that come from bankruptcy courts that demand that “lenders” and beneficiaries who wish to assert their secured creditor status in a bankruptcy court, or to lift the automatic stay provided by a bankruptcy filing, that these entities do not get a free pass (like they do in non-judicial foreclosure sales) and are forced to provide documentation proving they are a “creditor,” (hold the note/assignments/endorsement) and where truth in lending rescission claims exist, that they are a “secured” creditor. Issues of “standing” (a constitutional question) and “real party in interest” also are raised in these types of proceedings.
Should victims of California Financial Elder Abuse be forced into Bankruptcy to save their homes from Foreclosure?
PREDATORY LENDING MEETS ELDER ABUSE: ARE LENDERS PERMITTED TO FORECLOSE ON PREDATORY OPTION ARM LOANS AND OTHER COMPLICATED FINANCIAL PRODICTS IN THE STATE OF CALIFORNIA?
The following article discusses general legal information on the topic of elder abuse and foreclosure defense. This article contains general legal information and not specific legal advice. In addition, the article, cases, and analysis may not be complete and comprehensive or up-to-date. Steve Vondran, Esq. is licensed to practice law in California and Arizona. He practices law in the area of Real Estate, Bankruptcy, and Foreclosure Defense. He can be reached at steve@vondranlaw.com.
Welcome to my Bankruptcy Law Blog!
OUR GOAL HERE IS TO PROVIDE YOU GENERAL LEGAL INFORMATION, TIPS, STRATEGIES, AND INSIGHTS THAT MAY HELP YOU SAVE YOUR HOME OR INVESTMENT PROPERTY FROM FORELOSURE. SOME TOPICS THAT WILL BE DISCUSSED ON THIS WEBSITE ARE AS FOLLOWS:
- Rescind your loan Through Bankrupcty
- Bankruptcy with a focus on Chapter 7 and Chapter 13
- Credito hearings
- Chapter 13 – Lien Strip
- BK “Cramdowns”
- Adversary proceeding
- Trustee issues
- Automatic Stay
- Debtor’s Rights
- Creditor Rights
- Bankruptcy and foreclosure
- Single Asset bankruptcy
- Bankrupcty Exemptions
- bankruptcy means test
- Rescinding Loans through bankruptcy
Phoenix, Arizona Bankruptcy Library: Basic information for Phoenix Bankruptcy Cases
When you are considering filing for bankruptcy in the Greater Phoenix Arizona region (Phoenix, Scottsdale, Tempe, Mesa, etc.), you will likely be filing your case in the United States Bankruptcy Court for the District of Arizona.
The address for the United States Bankruptcy Court for the District of Arizona is 230 N. First Ave, Suite 101, Phoenix, AZ 85003. The general telephone numbers are 602-682-4000 / 800-556-9230.
To find your bankruptcy filing office in Arizona use this tool: http://www.azb.uscourts.gov/ZipTool.aspx.
Here is a link to common forms and publications that may assist you in filing for bankruptcy in Phoenix Arizona with or without a Phoenix bankruptcy Lawyer http://www.azb.uscourts.gov/default.aspx?PID=73.
Foreclosure Defense Resource Center aims to help homeowners stay in their homes!
MORE FORECLOSURE INFORMATION CAN BE FOUND AT WWW.FORECLOSUREDEFENSERESOURCECENTER.COM: This website is provided by the Law Offices of Steven C. Vondran, P.C., as a general information website that seeks to educate California and Arizona Homeowners (we are only licensed to practice laws in these two states, and only seek to solicit clients in these two states).
Foreclosure Defense Topics we will cover include: Truth in Lending (in many cases your most powerful weapon to stop foreclosure), Forensic Loan Audits, Predatory Loans and Potential Causes of Action, Lis Pendens, Deficiency Judgments, Trial Plan Modifications, and more.
Foreclosure Defense Insights: Overview of the Holder in Due Course Rule and challenging loan assignees….
By Steve Vondran, Esq. who is practicing Real Estate, Bankruptcy, and Foreclosure Defense in Arizona and California where he is licensed to practice law. He also holds a real estate broker’s license in both states as well. Prior to becoming an attorney, Mr. Vondran also was a mortgage loan officer which has given him insight into the current financial crises. He can be reached at steve@vondranlaw.com or (877) 276-5084. The following is general legal information only, and is not to be construed as legal advice, or a substitute for legal advice. The following information may not be updated or accurate, and is simply provided as general information and things to think about if you are facing foreclosure in California or Arizona. For specific questions, please contact a foreclosure defense attorney on your area. Please do not post confidential information on my blogs and do not send us confidential information in emails as we cannot guarantee the confidentiality of such. No attorney-client relationship is formed until a retainer agreement is signed.